UNOFFICIAL COPY AS OF 09/19/20181998 REG. SESS.98 RS SB 37/GA
AN ACT relating to the licensure of interpreters for the deaf and hard of hearing.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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SB003710.100-859GA
UNOFFICIAL COPY AS OF 09/19/20181998 REG. SESS.98 RS SB 37/GA
SECTION 1. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
As used in Sections 1 to 12 of this Act, unless the context otherwise requires:
(1)"Board" means Kentucky Board of Interpreters for the Deaf and Hard of Hearing.
(2)"Committee" means Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee.
(3)"Consumer" means a person who is deaf, hard of hearing, or who requires special communication techniques in order to communicate.
(4)"Interpreter" means a person who engages in the practice of interpreting.
(5)"Interpreting" means the translating or transliterating of English concepts to any necessary specialized vocabulary used by a consumer or the translating of a consumer's specialized vocabulary to English concepts. Necessary specialized vocabularies include, but are not limited to, American Sign Language, English-based sign language, cued speech, and oral interpreting.
(6)"Nationally recognized certification" means certification granted by a national organization that is based on a skills assessment of the applicant. These organizations include but are not limited to the Registry of Interpreters for the Deaf, the National Association of the Deaf, and the National Training, Evaluation and Certification Unit.
SECTION 2. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)Effective July 1, 2003, no person shall represent himself or herself as an interpreter or engage in the practice of interpreting as defined in Section 1 of this Act unless he or she is licensed in accordance with the provisions of Sections 1 to 12 of this Act.
(2)The provisions of Sections 1 to 12 of this Act shall not apply to:
(a)Nonresident interpreters working in the Commonwealth less than twenty (20) days per year;
(b)Interpreters working at religious activities;
(c)Interpreters working as volunteers without compensation. However, all volunteers interpreting for state agencies must be eligible for licensure as described in Section 8 of this Act;
(d)Interpreters working in an emergency. An emergency is a situation where the consumer decides that the delay necessary to obtain a licensed interpreter is likely to cause injury or loss to the consumer; or
(e)The activities and services of an interpreter intern or a student in training who is:
1.Enrolled in a program of study in interpreting at an accredited institution of higher learning;
2.Interpreting under the supervision of a licensed interpreter as part of a supervised program of study; and
3.Identified as an interpreter intern or student in training.
SECTION 3. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)There is hereby created a board to be known as the "Kentucky Board of Interpreters for the Deaf and Hard of Hearing."
(2)The board shall consist of seven (7) members appointed by the Governor as follows:
(a)Five (5) practicing interpreters who hold current nationally recognized certification and have at least five (5) years interpreting experience;
(b)One (1) deaf interpreter with past or current nationally recognized certification; and
(c)One (1) consumer with knowledge about interpreter issues.
(3)After the initial term of each appointment, all members shall be appointed for a term of four (4) years.
(4)Board members shall not be allowed to succeed themselves but a former member may be reappointed to the board if that member has not served in the preceding four (4) years.
(5)The members of the board shall receive no compensation for their services on the board, but they shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
(6)The board shall annually elect a chairman, a vice chairman, and a secretary-treasurer from the members of the board.
(7)The board shall hold at least one (1) meeting annually and additional meetings as the board may deem necessary. The additional meetings may be held upon call of the chairman or upon written request of a quorum. Four (4) members of the board shall constitute a quorum to conduct business.
(8)Upon recommendation of the board, the Governor may remove any member of the board for neglect of duty or malfeasance in office.
SECTION 4. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)The board shall administer and enforce the provisions of this chapter and shall have the responsibility of evaluating the qualifications of applicants for licensure and the issuance of licenses.
(2)The board may issue subpoenas, examine witnesses, pay appropriate witness fees, administer oaths, and investigate allegations of practices violating the provisions of this chapter.
(3)The board shall promulgate necessary and reasonable administrative regulations in accordance with KRS Chapter 13A and this chapter to effectively carry out and enforce the provisions of Sections 1 to 12 of this Act, including regulations to establish authorized fees. Fees shall not exceed amounts necessary to generate sufficient funds to effectively carry out and enforce the provisions of Sections 1 to 12 of this Act.
(4)The board may conduct hearings in accordance with KRS Chapter 13B and keep records and minutes necessary to carry out the functions of Sections 1 to 12 of this Act.
(5)The board may renew licenses and require continuing education as a condition for renewal.
(6)The board may suspend or revoke licenses, or impose supervisory or probationary conditions upon licensees, or impose administrative disciplinary fines, issue written reprimands, or any combination thereof.
(7)The board may seek injunctive relief in Franklin Circuit Court to stop the unlawful practice of interpreting by unlicensed persons.
(8)The board may employ any persons it deems necessary to carry on the work of the board, and shall define their duties and fix their compensation.
(9)Beginning in 1999, on October 1 of each year, the board shall submit a report to the Legislative Research Commission indicating:
(a)The current number of licensed interpreters; and
(b)The number of complaints received against interpreters and any disciplinary action taken within the previous calendar year.
SECTION 5. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)All fees and other moneys received by the board under the provisions of Sections 1 to 12 of this Act shall be deposited in the State Treasury to the credit of a revolving fund for the use of the board.
(2)No part of this revolving fund shall revert to the general fund of this Commonwealth.
(3)This revolving fund shall pay for the reimbursement of board members for actual and necessary expenses incurred in the performance of their official duties, the compensation of all of the employees of the board, and those operational expenses incurred in fulfilling the board's duties as described in administrative regulation.
SECTION 6. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)There is hereby created a committee to be known as the "Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee."
(2)The committee shall consist of eleven (11) members as follows:
(a)The president or a designee of:
1.Kentucky Association of the Deaf; and
2.Kentucky Registry of Interpreters for the Deaf;
(b)A representative from:
1.Kentucky Commission on the Deaf and Hard of Hearing (KCDHH);
2.Eastern Kentucky University Interpreter Training Program;
3.Kentucky Department of Education;
4.Kentucky Department of Vocational Rehabilitation;
5.Kentucky School for the Deaf;
6.Cabinet for Families and Children; and
7.Cabinet for Health Services; and
(c)Two members-at-large, who are consumers, appointed by the board.
(3)The members of the committee shall receive no compensation for their services on the committee. The member from the Kentucky Association of the Deaf, the member from the Kentucky Registry of Interpreters for the Deaf, and the members-at-large shall be reimbursed for actual and necessary expenses incurred in the performance of their committee duties.
SECTION 7. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)The committee shall provide ongoing advice and input to the board regarding the criteria for licensure and the ratio between consumer demand and the existing supply of licensed interpreters or those eligible for licensure.
(2)The committee shall make recommendations to the board regarding the content of relevant administrative regulations.
(3)The committee shall provide ongoing review of professional development and support systems for interpreters including existing public and private education programs and training resources within the Commonwealth.
SECTION 8. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)To be eligible for licensure by the board as an interpreter, the applicant shall submit an application which includes:
(a)An application fee; and
(b)Current certification from a nationally recognized organization at the requisite level for sign language interpreters, oral interpreters, or cued speech transliterators as determined by the board and promulgated by administrative regulation.
(2)The board shall issue an interpreter license to an applicant who fulfills these requirements. The front of the license shall clearly list all certifications held by the licensee.
(3)The board may issue a temporary license as an interpreter to an applicant who is certified at a level below that required for licensure in subsection (1) of this section. A temporary license shall be available for a person who is training under the supervision of a licensed interpreter under circumstances defined by the board in administrative regulation. A temporary license is valid for only a certain period until the licensee achieves the minimum level of certification required for licensure under subsection (1) of this section. A temporary license is not renewable although extensions may be granted under circumstances defined by administrative regulation.
(a)For graduates of a baccalaureate interpreter training program, a temporary license shall be valid for up to one (1) year.
(b)For graduates of an associate of arts interpreter training program, a temporary license shall be valid for up to two (2) years.
(c)For nondegree applicants, a temporary license shall be valid for up to two (2) years.
(4)Upon payment of the application fee, the board shall grant licensure to an applicant holding a valid license, certificate, or equivalent issued by another state if it is based upon standards equivalent to or exceeding the standards required by Sections 1 to 12 of this Act.
SECTION 9. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)Each person licensed as an interpreter shall annually, on or before July 1, submit to the board current proof of nationally recognized certification and pay a fee for the renewal of the interpreter license. The amount of the fee shall be promulgated by administrative regulation of the board. All licenses not renewed by July 1 of each year shall expire.
(2)A sixty (60) day grace period shall be allowed after July 1, during which time individuals may continue to practice and may renew their licenses upon payment of the renewal fee plus a late renewal fee as promulgated by administrative regulation of the board.
(3)All licenses not renewed by August 31 shall terminate based on the failure of the individual to renew in a timely manner. Upon termination, the licensee is no longer eligible to practice in the Commonwealth.
(4)After the sixty (60) day grace period, but before five (5) years from the date of termination, individuals with a terminated license may have their licenses reinstated upon payment of the renewal fee plus a reinstatement fee as promulgated by administrative regulation of the board.
(5)A suspended license is subject to expiration and termination and may be renewed as provided in Sections 1 to 12 of this Act. Renewal shall not entitle the licensee to engage in the practice of interpreting until the suspension has ended or is otherwise removed by the board and the right to practice is restored by the board.
(6)A revoked license is subject to expiration and termination but shall not be renewed. If it is reinstated, the licensee shall pay the reinstatement fee as set forth in subsection (4) of this section and the renewal fee as set forth in subsection (1) of this section.
(7)The board may require that a person applying for renewal or reinstatement of licensure show evidence of completion of continuing education as prescribed by the board by administrative regulation.
SECTION 10. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)The board shall by administrative regulation classify types of offenses and the recommended administrative action. The type of action to be taken shall be based on the nature, severity, and frequency of the offense. Administrative action authorized in this section shall be in addition to any criminal penalties provided in Sections 1 to 12 of this Act or under other provisions of law.
(2)The board may investigate allegations of wrongdoing upon complaint or upon its own volition. The board shall establish procedures for receiving and investigating complaints by administrative regulation.
(3)If the board's investigation reveals evidence supporting the complaint, the board shall set the matter for hearing in accordance with the provisions of KRS Chapter 13B before suspending, revoking, imposing probationary or supervisory conditions or an administrative fine, issuing a written reprimand, or any combination of actions regarding any license under the provisions of this chapter.
(4)If, after an investigation that includes opportunity for the licensee to respond, the board determines that a violation took place but was not of a serious nature, it may issue a written admonishment to the licensee. A copy of the admonishment shall be placed in the permanent file of the licensee. The licensee shall have the right to file a response to the admonishment within thirty (30) days of its receipt and to have the response placed in the permanent licensure file. The licensee may alternatively, within thirty (30) days of the receipt, file a request for hearing with the board. Upon receipt of this request, the board shall set aside the written admonishment and set the matter for hearing under the provisions of KRS Chapter 13B.
(5)After denying an application under the provisions of Sections 1 to 12 of this Act, the board may grant a hearing to the denied applicant in accordance with the provisions of KRS Chapter 13B.
SECTION 11. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
(1)The board may refuse to issue a license or suspend, revoke, impose probationary conditions upon, impose an administrative fine, issue a written reprimand, or any combination thereof regarding any licensee upon proof that the licensee has:
(a)Been convicted of a crime as described in KRS 335B.010(4) or an offense that otherwise directly relates to the occupation of interpreter. A plea of "no contest" may be treated as a conviction for purposes of disciplinary action;
(b)Knowingly misrepresented or concealed a material fact in obtaining a license or in reinstatement thereof;
(c)Committed any fraudulent act or practice;
(d)Been incompetent or negligent in the practice of interpreting;
(e)Violated any state statute or administrative regulation governing the
practice of interpreting;
(f)Violated the code of ethics of the national organization issuing the licensee's certification as incorporated in administrative regulation; or
(g)Violated any federal or state law considered by the board to be applicable to the practice of interpreting.
(2)When the board issues a written reprimand to the licensee, a copy of the reprimand shall be placed in the permanent file of the licensee. The licensee shall have the right to submit a response within thirty (30) days of its receipt and to have that response filed in the permanent file.
(3)At any time during the investigative or hearing processes, the board may accept an assurance of voluntary compliance from the licensee which effectively deals with the complaint.
(4)The board may reconsider, modify, or reverse its probation, suspensions, or other disciplinary action.
(5)Five (5) years from the date of a revocation, any person whose license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the license upon a finding that the individual has complied with any terms prescribed by the board and is again able to competently engage in the practice of interpreting.
(6)Any party aggrieved by a disciplinary action of the board may bring an action in Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.
SECTION 12. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
Any person who shall violate or aid in the violation of any of the provisions of Section 2 of this Act shall be guilty of a Class B misdemeanor.
Section 13. The original members of the board created in Section 3 of this Act shall be appointed before October 1, 1998, as follows: One (1) member to a one (1) year term, two (2) members to a two (2) year term, two (2) members to a three (3) year term, and two (2) members to a four (4) year term. All members thereafter shall be appointed for a term of four (4) years. Any vacancy in the membership of the board shall be filled for the unexpired term by appointment by the Governor.
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SB003710.100-859GA